L'annexe secrète du TISA sur les services financiers (Wikileaks)

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• Publié par: les-crises
• Publié le: 20 juin 2014
• Nombre de lectures: 7 446
• Langue: English

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Trade in Services Agreement (TISA)
Financial Services Annex
WikiLeaks release: June 19, 2014
Keywords: WTO, GATS, TISA, G20, BCBS, IAIS, IOSCO, FATF, OECD, trade
agreement, negotiation, draft, financial services, investment, banking,
credit, privacy
Restraint: Limited - contains TISA-U.S. CONFIDENTIAL Information
Modified handling authorized
Title: Trade in Services Agreement (TISA) Annex [X]: Financial Services,
Consolidation of text proposals
Date: April 14, 2014
Group: Trade in Services Agreement
Author: Trade in Services Agreement country negotiators
Link: http://wikileaks.org/tisa-financial
Pages: 18
Description
This is the secret draft of the Trade in Services Agreement (TISA) Financial Services Annex, currently
under negotiation between Australia, Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica,
Hong Kong, Iceland, Israel, Japan, Liechtenstein, Mexico, New Zealand, Norway, Pakistan, Panama,
Paraguay, Peru, South Korea, Switzerland, Turkey, the United States, and the European Union,
including its 28 member states Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark,
Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg,
Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United
Kingdom. The Agreement is meant to liberalize trade in services amongst the world's largest services
providers, and it is being negotiated outside of the WTO framework. TISA members hold the largest
services markets worldwide, with a combined GDP of over two-thirds of the world economy. This text
was drafted just before the 6th round of TISA negotiations held from 28 April - 2 May in Geneva,
Switzerland. The next round of negotiations are set to be held 23-27 June in Geneva.This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
Annex [X]: Financial Services
Consolidation of text proposals as of 14 April 2014
___________________________
Reason: 1.4(b)
Declassify on: Five years from entry
into force of the TISA
agreement or, if no
agreement enters into
force, five years from the
close of the negotiations.
* This document must be protected from
unauthorized disclosure, but may be mailed
or transmitted over unclassified e-mail or
fax, discussed over unsecured phone lines,
and stored on unclassified computer
systems. It must be stored in a locked or
secured building, room, or container. This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
Annex [X]: Financial Services
*Working consolidated draft among the proponents as of 14 April 2014; draft is without
prejudice to further proposals or positions of the proponents.
________________________
Article X.1: Scope
1. This section/Annex applies to measures affecting the supply of financial services
[TR: subject to any conditions, reservations and qualifications inscribed in its
Schedule of specific commitments.]
2. For the purposes of subparagraph 3(b) of Article I-1 of the Agreement, “services
supplied in the exercise of governmental authority” means the following:
(a) activities conducted by a central bank or monetary authority or by any other
public entity in pursuit of monetary or exchange rate policies;
(b) activities forming part of a statutory system of social security or public
retirement plans; and
(c) other activities conducted by a public entity for the account or with the
guarantee or using the financial resources of the Party or its public entities.
3. For the purposes of subparagraph 3(b) of Article I-1 of the Agreement, if a Party
allows any of the activities referred to in subparagraphs (b) or (c) of paragraph 2
of this Article to be conducted by its financial service suppliers in competition
with a public entity or a financial service supplier, “services” shall include such
activities.
4. Subparagraph 3(c) of Article I-1 of the Agreement shall not apply to services
covered by this Annex.
Article X.2: Definitions
For purposes of this Annex/section:
(a) A financial service is any service of a financial nature offered by a financial
service supplier of a Party. Financial services include all insurance and
insurance-related services and all banking and other financial services
(excluding insurance). Financial services include the following activities:
Insurance and insurance-related services
(i) direct insurance (including co-insurance):
A. life;
B. non-life;
(ii) reinsurance and retrocession;
(iii) insurance intermediation, such as brokerage and agency;This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
(iv) services auxiliary to insurance, such as consultancy, actuarial, risk
assessment and claim settlement services;
Banking and other financial services (excluding insurance)
(v) acceptance of deposits and other repayable funds from the public;
(vi) lending of all types, including consumer credit, mortgage credit,
factoring and financing of commercial transaction;
(vii) financial leasing;
(viii) all payment and money transmission services, including credit,
charge and debit cards, travelers checks and bankers drafts;
(ix) guarantees and commitments;
(x) trading for own account or for account of customers, whether on an
exchange, in an over-the-counter market or otherwise, the following:
(A) money market instruments (including checks, bills, certificates
of deposits);
(B) foreign exchange;
(C) derivative products including, but not limited to, futures and
options;
(D)exchange rate and interest rate instruments, including products
such as swaps, forward rate agreements;
(E) transferable securities;
(F) other negotiable instruments and financial assets, including
bullion;
(xi) participation in issues of all kinds of securities, including
underwriting and placement as agent (whether publicly or privately)
and provision of services related to such issues;
(xii) money broking;
(xiii) asset management, such as cash or portfolio management, all
forms of collective investment management, pension fund
management, custodial, depositary and trust services;
(xiv) settlement and clearing services for financial assets, including
securities, derivative products and other negotiable instruments;
(xv) provision and transfer of financial information, and financial data
processing and related software by suppliers of other financial
services;
(xvi) advisory, intermediation and other auxiliary financial services on
all the activities listed in subparagraphs (v) through (xv), including
credit reference and analysis, investment and portfolio research and
advice, advice on acquisitions and on corporate restructuring and
strategy.This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
(b) A “financial service supplier” means any natural or juridical person of a
Party wishing to supply or supplying financial services, but the term “financial
service supplier” does not include a public entity.
(c) “public entity” means:
(i) a government, a central bank or a monetary authority, of a Party, or an
entity owned or controlled by a Party, that is principally engaged in
carrying out governmental functions or activities for governmental
purposes, not including an entity principally engaged in supplying
financial services on commercial terms; or
(ii) a private entity performing functions normally performed by a central
bank or monetary authority, when exercising those functions.
(d) “commercial presence” means an enterprise within a Party’s territory for the
supply of financial services and includes wholly or partly owned subsidiaries,
joint ventures, partnerships, sole proprietorships, franchising operations,
branches, agencies, representative offices or other organizations;
(e) [PA: “financial institution” means a financial intermediary or other
commercial presence that is authorized to do business and regulated or
supervised as a financial institution under the domestic law of the Party in
whose territory it is located;]
(f) A “new financial service” is a service of a financial nature, including
services related to existing and new products or the manner in which a product
is delivered, that is not supplied by any financial service supplier in the
territory of a Party but which is supplied in the territory of [PA: another
Party].
(g) [PA: “self-regulatory organization” means a non-governmental body that
exercises its own or delegated regulatory or supervisory authority over
financial service suppliers or financial institutions, including a securities or
futures exchange or market, clearing agency, or other organization or
association.]
(h) [EU, US: A “non-resident supplier of financial services” is a financial
service supplier of a Party which supplies a financial service into the territory
of another Party from an establishment located in the territory of another
Party, regardless of whet